Mereb v Commissioner for Fair Trading [2016] NSWCATAD 244

Mereb v Commissioner for Fair Trading [2016] NSWCATAD 244

Mr Mereb was convicted within the relevant period of an offence that involved dishonesty, namely conspiring with the intention of dishonestly causing a loss to a Commonwealth entity contrary to s135.4(3) of the Criminal Code 1995 (Cth). The acts giving rise to the offence were not trivial, involved substantial money, and resulted in a serious sentence. Although the conduct occurred between 2001 and 2006 and there had been delays in the criminal proceedings, Mr Mereb was still serving his sentence on parole, so the Tribunal was not satisfied that the offence should be ignored because of time passed. He was therefore disqualified from holding a contractor licence under s33A of the Home...

Jurisdiction
Australia
Judgment Date
31 October 2016
Procedural Posture
Application for Review of Decision Refusing a Contractor Licence / Administrative Review in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales After Internal Review
Outcome
The decision of the Commissioner of Fair Trading dated 16 November 2015 to refuse a contractor licence to the applicant was affirmed.
Legal Topics
['home Building Act Contractor Licence' 'disqualified Person' 'offence Involving Dishonesty' 'whether Offence Should Be Ignored Because of Time Passed or Triviality' 'fit and Proper Person']
['administrative Law' 'building and Construction' 'occupational Licensing'] ['home Building Act Contractor Licence' 'disqualified Person' 'offence Involving Dishonesty' 'whether Offence Should Be Ignored Because of Time Passed or Triviality' 'fit and Proper Person']

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Procedural Posture

Application for Review of Decision Refusing a Contractor Licence / Administrative Review in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales After Internal Review

Legal Issues

  1. 1 ['Whether Mr Mereb is a disqualified person for the purposes of s33A of the Home Building Act 1989 (NSW).' 'Whether the offence committed by Mr Mereb should be ignored because of the time that has passed since the offence was committed or because of the triviality of the acts or omissions giving rise to the offence.' 'Whether Mr Mereb is a fit and proper person to hold a contractor licence.']

Ratio Decidendi

Mr Mereb was convicted within the relevant period of an offence that involved dishonesty, namely conspiring with the intention of dishonestly causing a loss to a Commonwealth entity contrary to s135.4(3) of the Criminal Code 1995 (Cth). The acts giving rise to the offence were not trivial, involved substantial money, and resulted in a serious sentence. Although the conduct occurred between 2001 and 2006 and there had been delays in the criminal proceedings, Mr Mereb was still serving his sentence on parole, so the Tribunal was not satisfied that the offence should be ignored because of time passed. He was therefore disqualified from holding a contractor licence under s33A of the Home...

Court Disposition

The decision of the Commissioner of Fair Trading dated 16 November 2015 to refuse a contractor licence to the applicant was affirmed.

Orders

  • ['The decision of the Commissioner of Fair Trading dated 16 November 2015 to refuse a contractor licence to the applicant is affirmed.']